[F127A Applications for recovery of maintenance in England and Wales.U.K.
(1)This section applies to any application which—
(a)is received by the Lord Chancellor from the appropriate authority in a convention country, and
(b)is an application by a person in that country for the recovery of maintenance from another person who is for the time being residing in England and Wales.
(2)Subject to sections 27B to 28B of this Act, an application to which this section applies shall be treated for the purposes of any enactment as if it were an application for a maintenance order under the relevant Act, made at the time when the application was received by the Lord Chancellor.
[F2This subsection does not confer jurisdiction on a court in England and Wales that it would not otherwise have.]
(3)In the case of an application for maintenance for a child (or children) alone, the relevant Act is the Children Act 1989.
(4)In any other case, the relevant Act is the Domestic Proceedings and Magistrates’ Courts Act 1978.
(5)In subsection (3) above, “child” means the same as in Schedule 1 to the Children Act 1989.]
Textual Amendments
F1Ss. 27A-28C substituted (5.4.1993) for ss. 27, 28, 28A by Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), s. 1, Sch. 1 Pt. II para.13; S.I. 1993/618, art.2
F2Words in s. 27A(2) inserted (7.12.2012) by The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012 (S.I. 2012/2814), reg. 1(2), Sch. 5 para. 2(4)